Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1887-03-12

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AN ACT
Relating to intoxicating liquors, and amendatO-
~ Of and supplemental to chapter one hundred
and forty-nins of the session laws Of eighteen
hundred end eighty-6Ve, baine entitled IAN
act 6meuCatOry OF and supplemental 20 chap
ter enc hundred and tWenty-eight Of the ses-
being an act emit led An act to prohibit tins
Inan1fasture and sale OF intoxicating LIQUORS,
except for medical, scientific and mechanical
purposes, and TO regulate the manufacture and
sale thereof for such excepted purpOsess'" and
amendatory OF and supplemental % chapter
one hundred and twenty eight of the session
laws Of eighteen hundred and eighty-one, be
manufacture and sale OF intoxicating liquors,
except for medical. scientific and mechanical
sale thereof FOR such excepted purpOses."
Be it enacted By the Legislature Of the State Of
Kansas:
SECTION /. That section two OF chapter one
hundred and tWenty-eight Of the laws Of eigh-
teen hundred and eighty-One, as amended by sec
ton one of chapter one hundred and forty-pins
Of the laws of eighteen hundred and eighty-dVe,
be amended 50 as 70 read as follows: Section z.
1t shall be unlawful for any person or persons
70 sell, or barter, for medical. scientific or
mechanical purposes. any malt V1nouss splrlIu-
Gus terme ted or other Intoxicating liquors
without hrst having procured a druggist permit
therefore from the probate Judge OF the county
wherein such druggist may be doing business &C
authorize . In his discretion 20 grant & drug
gist permit for the period OF one year, to any
person Of good moral character who Ii a regis
lawfully and in good faith engaged in the buEl-
ness Z dru ggiEC IN his county. and WhOs IN his
judgment can be trusted with the responsibility
Of selling said liquors for the purpose aforesaid
IN the manner hereinafter provided and SAID
Judge may at any time IN ms discretion revoke
such permit. In order to obtain q druggist per-
NIT usder this act, the applicant shall hle Ia the
ONCE OF the probate judge OF the county Wners-
in he is doing business, not less than thirty days
prior to the hearing thereof. petition signed By
the applicant and twenty-five reputable free
holders having the qualifications of electors, and
twenty-five reputable women over CWenty-one
years of age. OF the township, city Of third class,
o ward OF city wherein 8Ucn business 8
tovFnship and narticular place therein
Wher5 sucn business Is iocaJeq, and that ths
applicant Is q person OF good moral
character and does not uss intoxicating Ii
quors as a beverage, and can be entrusted
with responsibility of selling the same; sec
ond. that said applicant Is a pharmacist Is
aforesaid, and is lawfully and in good faith
engaged personally IN the business OF drug
gist the proprietor thereof, at the place des9g
fezsio third, that said applicant has, in his
said business, exclusive OF Intoxicating liquors
aud fixtures. stock of druPs, If In aay city, OF g
value Of at least one thousand dollars, and II
lsewhere of the value Of at least i've hundred
or any permit Issued to such applicant he shall
publish for at least irty days next prior thereto
township or city where such business is located,
or If none be published therein, then IN some pa
per Of gene al circulation therein stating the
time and place SO by me Judge Tor me nearing OF
such petition. The applicant shall be required
to pr We the tTuthfulnes OF each and every state
Enent co tanned IN ch petltlon, and the county
attorney Of such county shall and any othsE citi-
zen OF Lne country may appear ana cross examine
the witnesses OF the appI1c-LI anu may lLllro-
dure evidence in rebuttal Of the evidence offered
by the applicant. If satisfied the signatures TO
such petition were signed by such persons and
that such petitioners are citizens Of such township
city or ward. and that the statements in said Pc
tiUOn are all rue this probate Judge may In his
discretion grant a permit to the applicant to
sell Intoxicating liquors for medical mechanical
and scientific purposes only; and such permit
shall be recorded upon the journal Of the pro-
bate court, and a certified copy thereof shall be
posted in a cOnspicuOus place in the store where
in ga business is carried on before it shall be
of any validity. Before such permit shau be Of
any validity such druggist snail ls with the pro
bate judge to be approved by him. a good and
sufficient bond to the state OF Kansas. in tue sum
Of one thousand dollars, conditioned, that such.
applicant and any one IN his employ VIII neither
use, sell, barter, or give away any Intoxicating
liquors in violation of law, and on violation OF
by become forte ted, and the conviction of such
Pharmacist OF any one IN his employ shall DO
deemed primo Jacie evidence OF such violation
any applicant or any citiz a feeling himse I ag-
gFieved by the decision Of the probate ia ige,
may within ten da thereafter, upon fling
bond mad pa able TO the state OF kansas, IN the
-ua, OF nifty dollars, TO be approved by the pro
oats Juuses COLt-I-9lsu IuaL ne w pt.lseCuoe
nd pay the costs occasioned by such appeal if
he Greer OF the probate judge shall be sustained,
district court. The procedure IN any case taken
icls p Of the code of civil procedure, so far as
applicable. and a case or bill OF exceptions may
judge as in said article provided. If the dis
JricU court shall md that the probate judge has
abused nus d. secretion, II shall nave power 70 caue
the probate judge to comply with its judgment,
otherwise the order OF the probate judge shall be
by the district court affirmed. No appeal shall
be allowed from the order of the diFtriCt court
If the order of the pr bate judge shall be re~
versed, the costs shall be paid by the county.
If at any time & ere shall be filed with the pro
bate judge petition stating that any druggist
naming hiul, who has permit to sell intOXicat-
ing liquors, is n t in good faith conforming to
the provisions of this act act to which this
amendatory and supplemental, verified by the
sffl aTaF OK
fter named, and signed by twenty-five reputable
men and twenty-five reputable women, all Of
whom reside in the township, city or ward in
which the business Of such druggist is carried on
req1esting hat the permit OF such druggist be
caucaled, the prubste judge shall Immediately
issue an order citing druggist to AM ear be-
fore HIM on a day named, not more tn thirty
time the question Of the cancellation Of such
permit shall be considered. Such examination
shall be conducted IN the same manner IN all re-
spects as Is herein provided for the hearing OF
the original petition for granting such permit,
and such probate judge shall, if there reason
able grounds Tor belleVlng sQch DRUGGIST IS not
in good faith carrying out all the provisions Of
this act, Cr the act 20 which this ameudatOry,
cancel such permit An appeal may be had from
the decision of such probate judge 10 the district
court as herein provided for appeals from the
application Tor permit; tr0UldeGi The permit
Of such druggist shall be imperative til such
appeal is finally decided: PrOyided further, Tnis
shall not prev ent the prODale Judge from cancei
ing any permit at any time on his own motion or
-.therwise- If any probate judge shall issue
permit TO any rerson not registered as phar-
mEcist or shall knowingly grant the same to
person in The habit OF becoming intoxicated. or
not IN good faith engaged II the business OF
druggist as proprietor thereof be snail be deemed
guilty Of mtsdemeanor, and upon conviction
be Lunished by hne of not less than $500 nor
more than 81 COO. and if any person shall sign
the petition as provided herein of any applicant
known by such person to be in the habit of be
comic intoxicated or not in good faith engaged
l.. the business OF druggist k3 shall be deemed
guilty of misdemeanOr, and upon conviction
shall be punished by a fne not less than $50 nor
more than 500. Before the petition of a druggist
for a permit to sell intoxicating liquors shall be
u
pay a fee Of 8 5 70 the probate judge, who shall
-sy he same inJo the county treasure on or be-
fore the first day Of the following month, for the
benefit OF the general revenue fund No permit
now existing shall be Of any validity after the LIST
Sec . That section 4 Of chapter I2s OF the ses-
sion laws Of 1881, as amended by section Of
same is hereby amended 80 as TO read as follows:
Section l. ANY druggist having a permit TO eel
Intoxicating liquors under the provisions OF this
act may sell the same only py himself In peFson
or by a clerk who is a registered pharma ist or
assistant pharmacist under the laws OF this state
for edical purposes only, upon the printed or
written affidavit of the applicant setting forth
the particular medical purpose for Which such
liquor Is required, the kind and quantity desiredi
that il is necessary and actually needed for the
particular purpOse by the patient TO be nameds
and that Il is not intended for beverage, nor 20
sell or give away and that the applicant q over
q yeaFG Of age, which affidavit shall be in the
following form, and subscribed by the applicant
STATE OF KANSAS,
COUNTY OF -
/, the undersigned. do soIemnly swear that my
real name is --; that reside at -, -
county, state OF - that -- OF -- is necessary
and actually needed by -s TO be used a.
medicine for the disease Of -5 that It 10 not
Intended for beverage, nor 70 sell nor to give
away; and that am over q years Of age
therefore make application 70 ---s drug
gist for said liquor.
--. Applicant.
Subscribed N my presence and sWorn to before
nae this - day OF - -.
And such drqgEist may sen intoxicating liquors